The U.S. Supreme Court will soon decide a case that may allow federal courts to involve themselves in a greater number of public policy disputes. Hawkes Co., Inc. v. EPA, argued on March 30, will decide whether certain types of federal agency action can be challenged in court. Many who observed the oral argument predict the justices will vote to allow more agency actions to be challenged.
But rather than drawing criticism from the left or right over increasing “judicial activism,” such a decision likely will be—and should be—applauded on all sides of the political spectrum. Liberals and conservatives alike should agree that judicial oversight of federal agencies is necessary to help prevent agency overreaching.
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